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OHIO EDISON CO. v. PUB. UTIL. COMM. OF OHIO

No. 80-1509.

67 Ohio St. 2d 230 (1981)

OHIO EDISON COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 15, 1981.

Attorney(s) appearing for the Case

Mr. Russell J. Spetrino, Mr. Anthony J. Alexander and Mr. Michael L. Gribler, for appellant.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik and Ms. Jane L. Miller, for appellee Public Utilities Commission.

Mr. William A. Spratley, consumers' counsel, and Mr. Martin J. Marz, for intervening appellee Office of the Consumers' Counsel.

Per Curiam.

The focal point of this case is whether the costs resulting from the appellant-NACCO interim agreement, designed to ensure NACCO a $1.644 per ton profit and to assist NACCO in making capital improvements, are includable fuel costs, pursuant to Ohio Adm. Code 4901:1-11-01 (D).1 In answering this question, we are mindful of the fact that appellant, pursuant to R. C. 4909...

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